The Sikkim Siddhesvara Dham Act, 2011
The Sikkim Siddhesvara Dham Act, 2011
1. Short title, extent and commencement
(1) This Act may be called the Sikkim Siddhesvara Dham Act, 2011. (2) It shall extend to the whole of Sikkim. (3) It shall come into force on such date as the State Government may, by notification, in the Official Gazette appoint.
2. Definitions
(1) In this Act, unless there is anything repugnant the subject or context:- (a) "Committee" means the Sikkim Siddhesvara Dham Managing Committee constituted under this Act: (b) "prescribed" means prescribed by rule made under this Act; (c) "Sevak" means any person, recognised by a competent authority as a sevak or his substitute, appointed to perform any work or duty connected with day to day rituals and puja and conversant with puja, rituals, nitis etc.; (d) "fund" means the Siddhesvara Dham fund; (e) "year" means financial year.
3. Committee
(1) As soon as after the commencement of this Act the State Government shall constitute a Committee to be called the Sikkim Siddhesvara Dham Managing Committee. (2) Notwithstanding anything in any other law for the time being in force or custom, usage or contract, deed or engagement, the administration and the governance of the Siddhesvara Dham and its endowments shall vest in a committee. (3) It shall be body corporate, having perpetual succession and a common seal, and may, by the said name, sue and be sued.
4. Constitution of the Committee
(1) The Committee constituted under section 3 shall consists of the following members:- (a) the Chief Minister of the State shall be the Chairman: Provided that where the Chief Minister is a person who does not profess Hindu religion, in such an event, the Chairman shall be a Hindu Minister in the Council of Minister as would be nominated by the State Government. (b) the Collector of the South District, ex-officio member; (c) the administrator appointed under section 18, ex-officio member; (d) one person to be nominated by the State Government from amongst the Sevaks of the Siddhesvara Dham and other religious institutions, member; (e) one person representing the Siddhesvara Dham or other religious institutions connected with the seva puja or nitis to be nominated by the State Government, member; (f) One person to be nominated by the State Government from amongst Persons who do not belong to any of the categories referred to in clauses (d) and (e) member; (2) No person who does not profess the Hindu religion shall be eligible for membership. (3) The appointment or nomination of the members shall be notified in the Official Gazette.
5. Terms of Office of Members
(1) Every member of the Committee other than the Chairman, and the ex-officio member shall hold office for a period of 3 (three) years from the date of notification under sub-section (3) of section 4 and shall be eligible for re-nomination.
6. Power of State Government to remove the member of Committee
(1) The State Government may suspend or remove any member of the Committee on the following grounds, namely,- (a) that he has been convicted by a Criminal Court of any offence which in the opinion of the State Government involves moral turpitude: (b) that he is of unsound mind or is suffering from any physical or mental disorder or defect or infirmity which in the opinion of the State Government renders him unfit to be a member of the Committee: (c) that he has applied to be adjudged or been adjudged insolvent; (d) that he has been found guilty of corruption or misconduct in the administration of the Siddhesvara Dham and other religious institutions or that some other sufficient cause exists for the removal: (e) that he has absented himself for more than three consecutive meetings of the Committee and is unable to explain such absence to the satisfaction of the Committee; (2) No member shall be removed under this section unless he has been given a reasonable opportunity in showing cause against his removal. (3) The decision of the State Government under this section shall be final and shall not be liable to be questioned in any Court of Law.
7. Dissolution and supersession
(1) If in the opinion of the State Government, the Committee is not competent to perform or make default in performing the duties imposed on it under this Act, or exceeds or abuse its powers, the State Government may, after due enquiry, by notification, dissolve the Committee and reconstitute another Committee within a period of 6 (six) months from the date of dissolution or supersede the Committee for such period not exceeding 6 (six) months, as the State Government may deem fit. (2) Before issuing a notification under sub-section (1), the State Government shall communicate to the Committee the grounds on which they propose to do so, fix reasonable time for the Committee to show cause against the proposal and consider its explanations or objections, if any. (3) Where a Committee is dissolved or superseded under this sections, the State Government shall appoint a person in the active service of the State Government and professing Hindu religion to perform the functions and exercise the powers of the Committee until the constitution of another Committee or till the expiry of the period of supersession, as the case may be: Provided that period during which the Committee remains superseded shall not have the effect of extending the term of office of a member beyond the period of three years as specified in sub-section (1) of section 5.
8. Casual vacancies
(1) Casual vacancies caused by death, resignations, removal or otherwise in the office of the members of the Committee shall be filled in the same manner as provided in section 4. (2) The term of a member nominated or appointed, as the case may be, to fill a casual vacancy shall expire on the day on which the term of the member in whose vacancy the nomination or appointment has been made would have expired. (3) Nothing done by the Committee shall be invalid by reason of there being casual vacancy.
9. Meeting of the Committee
(1) The Committee shall maintain its office at such place as the Committee may determine for the transaction of its business. (2) The Committee shall meet not less than two times during a calendar year and a period of more than six months shall not be allowed to elapse between two successive meetings. (3) The Chairman and in his absence his nominee shall preside over the meeting and in the absence of both any member elected by the members present shall preside over such meeting. (4) No business shall be transacted at any meeting unless at least 4 (four) members are present. (5) Questions arising at a meeting of the Committee shall be decided by a majority of the votes of the members present there and the Chairman or the person presiding, as the case may be, shall have no right to vote at the first instance, but shall have and exercise casting vote in the case of equality of votes. (6) The Member Secretary of the Committee shall be responsible for the due record and maintenance of the minutes of the proceedings duly countersigned by the Chairman or the person presiding, as the case may be, and shall submit a copy of the said minutes to the State Government for their information. (7) The State Government may call upon the Committee to submit report on any matter concerning the business of the Committee and management of the Siddhesvara Dham (hereinafter referred to as the 'Siddhesvara Dham') and its affairs. Non-compliance in this behalf will be treated as a default in performance of duty within the meaning of section 7.
10. Allowance to the members of the Committee
(1) It shall be within the power of the State Government by order to direct from time to time the payment from out of the fund to the Chairman or the members of such allowance at such times and in such manner as the State Government may consider reasonable and proper. (2) Save as otherwise provided in sub-section (1) no member of the Committee while acting as such shall receive or be paid from out of the fund any salary or other remuneration except such travelling or daily allowances, if any, as may be. (3) Members nominated shall be paid such honorarium/allowances as may be notified.
11. Duties of the Committee
(1) Subject to the provisions of this Act and the rules made there under, it shall be the duty of the Committee,- (1) to arrange for the proper performance of the seva, puja and of the day to day rituals, daily or periodical nitis of the Siddhesvara Dham: (2) to provide facilities for the proper performance of worship by the pilgrims: (3) to ensure the safe custody of the funds, valuable securities and jewelleries and for the preservation and management of the properties vested in the Siddhesvara Dham; (4) to ensure maintenance of order and discipline and proper hygienic conditions in the Siddhesvara Dham and for proper standard of cleanliness and purity in the offerings made therein: (5) to ensure that funds of the specific and religious endowments are spent according to wishes, so far as may be known, of the donors: (6) to make provision for the payment of suitable emoluments to its salaried staff; (7) to prepare and implement, with the prior approval of the State Government, any remunerative scheme for establishment of retail shops for sale of commodities inside the Siddhesvara Dham or any other commercial undertaking in order to augment the resources and income of the Siddhesvara Dham: (8) to take steps for resumption of any building or room of the Siddhesvara Dham from any person who has ceased to render the service for the performance of which such building or room was allotted to him or if his service has become obsolete. (2) to do all such things as may be incidental and conducive to the efficient management of the affairs of the Siddhesvara Dham and its endowments or to the convenience of the pilgrims.
12. Constitution of sub-committee
(1) The Committee may constitute a sub-committee to aid and advice the Committee in regard to all the matters concerning management and affairs of the Siddhesvara Dham. (2) The composition, the term of office and the procedure for the conduct of the business of the sub-committee shall be as may be prescribed.
13. Alienation of Siddhesvara Dham and Other Religious Places Properties
(1) No movable property of a non-perishable nature of which the Committee is in possession and the value of which is not less than ten thousand rupees and no jewelleries shall be sold, pledged or otherwise alienated without the previous approval of the State Government. (2) No immovable property taken possession of by the Committee shall be put out in any form or transferred except with the previous sanction of the State Government.
14. Removal of encroachment of Siddhesvara Dham and Other Religious Places
(1) The provisions contained in the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980 shall be applicable, so far as may be, in respect of unauthorised occupation of any land belonging to the Siddhesvara Dham as if it were the property of Government within the meaning of this Act. (2) The Administrator may, with the prior approval of the Committee, make an application for taking up appropriate proceedings under the said Act to the authority competent there under and thereupon it shall be lawful for such authority to take action in accordance with the provisions contained in that Act.
15. Limitation of borrowing powers
The Committee shall have no power to borrow money from any person or source without the previous sanction of the State Government.
16. Administration report
(1) The Committee shall annually submit to the State Government a report on the administration of the affairs of the Siddhesvara Dham at such times as the State Government may prescribe and such report shall be published forthwith by the Committee in the manner prescribed. (2) The report prepared and published under this section shall, as soon as possible, be laid before the State Legislature.
17. Delegation of powers
The Committee may, with the prior approval of the State Government, delegate any of its functions to the Administrator or, as the case may be, to the officer who happens to be a member of the Committee in place of an Administrator.
18. Appointment of Administrator and officers to assist him
(1) There shall be an Administrator for the Siddhesvara Dham who shall be appointed by the State Government from amongst persons in their active service. (2) The State Government may also appoint one or more officers to assist the Administrator and the officers so appointed shall, subject to the control of the Administrator, perform such duties as he may, from time to time, assign.
19. Powers and duties of the Administrator
(1) The Administrator shall be the Secretary of the Committee and its Chief Executive Officer and shall subject to the control of the Committee have powers to carry out its decision in accordance with the provisions of this Act: Notwithstanding anything contained in sub-section (1), the Administrator shall be responsible for the custody of all records and properties of the Siddhesvara Dham and shall have the following powers:- (a) to appoint all officers and employees of the Siddhesvara Dham and to exercise control and supervision over them and to decide matters relating to seva, puja and other nitis etc.; (b) to lease out for a period not exceeding three years at a time the lands and buildings of the Siddhesvara Dham which are ordinarily leased out; (c) to call for tender for works or supplies and accept such tenders as may be prescribed or notified; (d) to order for emergency repairs; (e) to specify, by general or special orders, such conditions and safeguards as he deems fit subject to which any sevak, office holder or servant shall have the right to be in possession of jewels or other valuable belongings of the Siddhesvara Dham; (f) to decide disputes relating to the collection, distribution or appointment of offerings, fees and other receipts in cash or in kind received from the members of the public; (g) to decide disputes relating to rights, privileges duties and obligations of sevaks, office holders and servants in respect of seva, puja and other day to day work whether ordinary or special; (h) to require various sevaks and other persons to do their legitimate duties in time; (i) in absence of any sevak or his substitute or on the failure on the part of any such person to perform his duties to get the work done by any other person: Provided that the exercise of the power under clauses (a), (b), (c) and (e) shall be subject to the directions if any, of the Committee issued specifically in that behalf. (2) The Administrator may, subject to such conditions if any, as the Committee may by general or special order impose, afford facilities on payment of fees for special darshan or for any special service, ritual or ceremony. Such darshan, service, ritual or ceremony not being contrary to the custom and usage of the Siddhesvara Dham and he shall have power to determine the portion, if any of such fees which shall be paid to the sevaks, office holders or servants of the Siddhesvara Dham.
20. Control of sevak etc.
All sevaks, office holders and servants attached to the Siddhesvara Dham or in receipt of any emoluments or perquisites therefrom shall, whether such service is hereditary or not, be subject to the control of the Administrator who may, subject to the provisions of this Act and the regulations made by the Committee in that behalf, after giving the person concerned a reasonable opportunity of being heard,- (a) withhold the receipt of emoluments or perquisites; (b) fine an amount not exceeding Rs. 500/- (Rupees five hundred) only; (c) suspend; or (d) dismiss; for breach of trust, incapacity, disobedience of lawful orders, neglect or the willful absence from duty, disorderly behaviour, or conduct derogatory to the discipline or dignity of the Siddhesvara Dham or for any other sufficient cause.
21. Extraordinary powers of the Administrator
The Administrator may in cases of emergency direct the execution of any work or the doing of any act which is not provided for in the budget for the time being but the immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the Siddhesvara Dham and its endowments or for the service or safety of the pilgrims resorting to the Siddhesvara Dham or other religious places or for the due performance of the day to day work therein and may direct that the expenses of executing such work or doing the act shall be paid from the fund. The Administrator shall forthwith report to the Committee the action taken under this section and the reasons therefor.
22. Establishment Schedule
(1) After the appointment of the first Administrator, he shall as soon as may be prepare and submit to the Committee a schedule setting forth the duties, designations and grades of the officers and employees who may in his opinion, constitute the establishment of the Siddhesvara Dham and embody his proposals with regard to the salaries and allowances payable to them and such schedule shall come into force on approval by the Committee. (2) No change shall be effected in such schedule except with the sanction of the Committee. (3) Subject to such exceptions as the Committee may by general or special order direct the officers and employees of the Siddhesvara Dham on the date of the commencement of this Act shall continue as such and the conditions of their services shall be regularized in the prescribed manner.
23. Appeal against the orders of the Administrator
(1) Any person aggrieved by any order passed by the Administrator under clause (f) and (g) of section 19 and section 20 may within 15 (fifteen) days of the date of communication of the order to him prefer an appeal before the Appeal Committee. (2) All appeals filed under sub-section (1) shall be heard and disposed of by the Appeal Committee as hereinafter constituted. (3) The Appeal Committee shall consist of the Collector of the South District who shall be its Chairman and two other members elected in the prescribed manner by the members of the Committee from among the non-official member thereof: Provided that if the Collector does not profess Hindu religion, the officer who happens to be a member of the Committee in his place, shall be the Chairman of the Appeal Committee. (4) The Appeal Committee shall, after making such enquiry as it may deem necessary and after giving the parties concerned a reasonable opportunity of being heard, pass such order as it deems fit. (5) The decision of the majority of Appeal Committee where the decision is not unanimous, shall be deemed to be the decision of the Appeal Committee: Provided that where the Chairman of the Appeal Committee differs from both of the other members thereof, he shall refer the appeal along with all connected records and opinions expressed by him and the other members to the Committee whose decision by majority thereof in case it is not unanimous shall be final. (6) No order made by the Administrator as referred to in sub-section (1) hereinabove or by the Appeal Committee under this section shall debar any person aggrieved thereby from establishing his right, if any, in a Court of competent jurisdiction, but no Court shall have power to stay the operation of the said order pending the final disposal of the proceedings before such Court or of any appeal or application arising therefrom or in relation thereto.
24. Budget
(1) The Administrator shall, every year, prepare in the prescribed manner and form a budget estimate of the receipts and expenditure of the Siddhesvara Dham and its endowments for the following year and place it before the Committee which may approve it without modification or with such modification as it deems fit. After the approval of the Committee, the budget shall be submitted to the State Government for sanction before such date as may be fixed by the State Government in that behalf. (2) Before sanctioning the budget, the State Government shall satisfy themselves that adequate provision has been made in the budget for the maintenance of the prescribed working balance and for meeting all the liabilities of the Siddhesvara Dham and its endowments. If the budget as submitted to the State Government fails to make those provisions, the State Government may modify any part of the budget so as to ensure that such provisions are made. (3) The decision of the State Government sanctioning the budget subject to the modifications, if any, shall be communicated to the Committee of the year to which the budget relates. In the absence of such communication before the end of the preceding financial year, the budget shall be deemed to have been sanctioned in pursuance of this section.
25. Revised or Supplementary Budget
If in the course of any year, the Committee finds it necessary to modify the figures shown in the budget with regard to its receipts or expenditure it may submit a supplementary or revised budget to the State Government: Provided that no alteration shall be made without the consent of the State Government in the working balance.
26. Accounts and Audit
(1) The State Government shall, every year, appoint an auditor to audit the accounts of the Siddhesvara Dham and its endowments in the prescribed manner and fixed his remuneration which shall be paid to such auditor from the funds thereof. The auditor shall submit his report to the Committee and send a copy of it to the State Government which may issue such directions therein as they may deem fit and the Committee shall carry out such directions. (2) The report of the auditor and the directions issued by the State Government thereon shall be published in the prescribed manner.
27. Siddhesvara Dham Fund
(1) There shall be constituted a fund to be called "Siddhesvara Dham Fund" which shall be vested in and be administered by the Committee and save as otherwise provided in this Act shall consist of:- (a) the income derived from the movable and immovable properties of the Siddhesvara Dham; (b) any contribution by the State Government either by way of grant or by way of loan; (c) all fines and penalties imposed under this Act; (d) all recoveries under this Act; and (e) any other gifts or contributions made by the public, local authorities or institutions. (2) The said fund may be utilised for any of the purposes permitted under the Act and for all or any of the following purposes:- (a) maintenance (including repairs and reconstruction), management and administration of the Siddhesvara Dham and its properties; (b) training of Sevaks to perform the religious worship and ceremonies in the Siddhesvara Dham; (c) medical relief, water supply and other sanitary arrangements for the worshippers and the pilgrims and construction of building for their accommodation; (d) culture and propagation of the tenets and philosophy associated with Siddhesvara Dham; (e) any other work or undertaking for the purposes of the Siddhesvara Dham authorized by the State Government, so long as such authorization subsists; and (f) with the previous sanction of the State Government for the establishment and maintenance of or making any grant or contribution to any leper asylum, poor home, orphanage or similar other institutions.
28. Recovery of Siddhesvara Dham dues
All amounts due to the Siddhesvara Dham including fines, if any, imposed under this Act shall without prejudice to any other mode of recovery be recoverable as arrears of land revenue on requisition made by the Administrator in that behalf.
29. Installation of Hundi
(1) The Committee may, with the approval of the State Government, install one or more receptacles (hereinafter referred to as "Hundi") at such place or places in the Siddhesvara Dham as it may think fit for placing of offerings by the pilgrims and devotees visiting the Siddhesvara Dham. (2) The Hundi shall be operated by such person and in such manner as the State Government may, from time to time, determine. (3) The State Government may, from time to time direct such portion of the offerings placed in a Hundi be credited to the Foundation Fund. (4) No person shall, without being authorized by the Administrator in this behalf, go near or interfere in any manner with any Hundi installed in the Siddhesvara Dham: Provided that no such authorization shall be required for going near any Hundi for the bonafide purpose of placing any offering therein.
30. Foundation fund
(1) There shall be constituted a fund called "Siddhesvar Dham Foundation Fund" (hereinafter referred to as the Foundation Fund) which shall be vest in and be administered by the Foundation Fund Committee under sub-section (5). (2) The Foundation Fund shall consist of all donations and contributions made by any person to the Siddhesvara Dham or in the name of any deity installed therein other than those made for any specific purpose and such other amounts as may be directed by the State Government. (3) All amounts credited to the Foundation Fund shall be invested in long term fixed deposits with such bank or banks as the State Government may approve and shall always be kept so invested and no such fixed deposit shall be pledged or otherwise encumbered: Provided that the State Government may permit such out of the Foundation Fund as they may fix to be utilised for any purpose of the Siddhesvara Dham as may specify. (4) All amounts accruing by way of interest on such fixed deposits shall be credited to and form part of Siddhesvara Dham Foundation Fund constituted under this section. (5) The Foundation Fund Committee shall consists of the following members:- (a) the Chief Minister of the State of Sikkim who shall be the Chairman; (b) the Minister-in-Charge of Law who shall be the Vice-Chairman; (c) the Secretary to the Government in Law; (d) the Secretary to the Government in the Finance Department or his nominee who shall not be below the rank of a Joint Secretary; (e) the Collector of the South District; and (f) the Administrator of the Siddhesvara Dham who shall be the Member Secretary. (6) The Committee shall conduct its business in such manner as they may determine. (7) During the absence of the Chairman, the Vice-Chairman shall act as and perform the functions of the Chairman: Provided that the Secretary to the Government in the Law Department shall act as and perform the functions of the Chairman during any period when both the offices of the Chief Minister and the Minister, Law Department remain vacant. (8) Notwithstanding anything to the contrary contained in any law, custom, usage or agreement, no sevak shall be entitled to any share out of the amount of donations or contributions to the Foundation Fund made under sub-section (2).
31. Bar to Suits or proceedings
Save as otherwise expressly provided in this Act, no suit or proceeding shall lie in any Court against the State Government or against the Committee or the Administrator for anything done or purported to be done by any of them under the provisions of this Act.
32. Power of the State Government
Subject to provisions of this Act, the general superintendence of the Siddhesvara Dham and its endowments shall vest in the State Government which may pass any order that may be deemed necessary for the proper maintenance or administration of the Siddhesvara Dham or its endowments or in the interest of the general public worshipping in the Siddhesvara Dham.
33. Powers of State Government to call for and examine records
(2) Sublecr to the provstons ol this Act, the Slate Governmeft rnay cerl icr alld exa rir e the records of the Adminlstrator or ol the Commitee .n 'espec' o! a4y oroceeo'ngs ,ir a !,e/1/ to sat sfy themselves as to the regularity oi such proceed ng or the correctness, lega ity or propriety oi any decision or order made thereto and, I ln any case, it appears to the State Government thdt any such decision or order should be modified annulled, reversed or remitted for re-consideration, they may pass order accordingly: Provided that the State Government n]ay stay the execution ot any such decision or order pending in exercise of their power under sub-section (2) n respect thereof.
34. Offences
(1) Whenever any person havlng duties to periorm in respect of the njtis of the Siddhesvara Dham or sevapuja ol the deity rajses any clairn or dispute and iails or refuses to pedorrn such dutes knowing or having reasons to believe that the non-performance of the said duties wou d cause delay rn the pelormance ot the nii s or sevapuja or inconvenience or harassment to the public or any section thereof entitled io worship in the Siddhesvara Dham and willfully disobeys or fails 'to comply with the orders of the Administrator directing hlm to perform his duties without prejudice to the results of a proper adiudication oi such claim or disputes, such person or any olher person who abets such conduct shall be guilty ol an oflence punishable on convictlon with fine which rnay extend upto Rs. 500 (Rupees flve hundred)only. (2) Whoever voluntarily causes obstruction by use of force or otherwise, to any sevak in the due performance oi any pula or n ti which such sevak is entltled or authorized to periorm, shal, on conviclon, be punishable with imprisonment which may extend to six months or with fine which rray extend Rs. 500/- (Hupees five hundred)only or with both. (3) Whoever not belng authorized by the Committee or the Administrator lnterferes with the free movemeni of visitors with n the premlses ol ihe Siddhesvara Dham or wlth any precautlonary measures laken lor iher saiety or conveitience sha i on convrciion, be pun snable ",,'rh imprrsonorent u,hich may exlend lo thiea rnonihs or with fine which may extencj to Bs. 5OO/- 'P-oees li\e l .1dreo)orIy or !\itF,'r,, (4) Whoever.- (a) not being the sevak entitled to perfo.m any niti or puja or to offer any bhog to any deity instalted wlthin the premises ol ihe Slddhesvara Dha.f periorm such niti or puja or oifers such bhog; or (b) forclbly enters into nay place within the temple when such entrance is prohibited undet any aw or custom or under any lawlul order issued by the Committee or by the Administrator; or (c) takes lnslde the premises oi the Siddhesvara Dham any article knowing that the taking of such article is prohibited under any law or custom or by any declaration made and published in the prescribed manner by the Committee with due regard to the prevailing custom, public health, morality or the religious seniiments of the public; sha l, on conviction, be punishable with lmprisonment vuhlch may extend to two months or with fine which may extend io RS. 5OO/- (Rupees five hundred)only or with both. (5) Whoever answers the call of nature at any place wlthin the premises ol the Siddhesvar Dham oiher than that set apart lor the purpose or enters the Siddhesvara Dham in-a state of intoxication and conduct h mself ln such a manner as to cause annoyance to any person or commits any act of indecency or uses obscene of abusive language w thin the premises of the Siddhesvara Dham shall, on cor]viction, be pun shable with flne which may extend to BS. 5OO/, (Rupees iive hundred) only.
35. Offences to be cognizable; Cognizance of offences
(1) Any police olficer may arrest withoui warrant any person who is committing or who is reasonably suspected to have committed any oftence under this Act. (2) No Court inferior to that of a Judicial Maolstrate shall try any otfences under this Act. (3) No Court shall take cognizance of any sr.rch oiience wtihoLtt the previous sanction ol tne Adm n sliator.
36. Composition of offences
(1) The Adminlstrator may accept irom any such oerSo. aga,'lsr wton_ a .eaSo,dore rL,slri(i),1 exisls that he has committed an offence under thls Act, a sum ol money not exceeding the rnaitT.Jm a.nount oi fine whicr- may oe'.rposeo in respect of thal oflence oy way oi cornposito, of the ofience. (2) On the payment oi such sum oi money, the suspected person, if in custody, shall be discharged and no further proceedlnos shall be taken against such person.
37. Funds to be credited to Siddhesvara Dham Fund
Al amoLIS .ealized on accoJ'lt ol iines Jpol conviction for offences undeT this Acl shall be credited to the Siddhesvara Dham Fund.
38. Regulations
The comrniltee may, subject to the approvat of the State Government, make requ ations not inconsistent with the provisions of this Act and the rules made thereunder io provide for the manner in which the duties imposed on it under this Act and it functions thereunder sha| be discharged and in particuiar to provide fori (a) conditions of service of ollice bearers and employees of lhe Slddhesvara Dham; (b) procedure for transfer oi sevapuja and observance oi nitis and other usages in the Slddhesvara Dham. (c) any other matters for which regulations are requlred to be made lor purpose of this Act.
39. Power to make rules
(1) The State Government may make rules to carry o!t lhe purpose of this Act. (2) ln particular and without prejudice 10 the generality oi foregoing power, they shall have power to make rules with reference to,- (a) all matters expressLy required or by this Act to be prescribed; (b) al manner of exercse ol control by the Cornnrlttee over the actions oi the Adrnrnisiraior. (c)the grant oi traveling or daily allowances to the members of the Commlttee: (d) the performance of dulies by the Committee under section 11 and mode and extent of expenditure under section 27; (e) lhe publication oi the Administral on report under section 16; (i) the custody of records and properties; (g) the preparation oi the budget estimate ior the Slddhesvara Dham; (h) the preparation and sanction of estimates and acceptance of tenders in respect of publlc works and ior supplies; O the custody and investments ol the Siddhesvara Dham iund by the Committee; (j) the audit of the accounts of the Siddhesvara Dham and the particulars to be mentioned ln the audit report and the manner of publication thereof and oi the directions issued under section 26: (k) the recovery of amounts payable to auditors appointed by the Stale Government; and (l) any other matter that requlred for the etficient administration of the Siddhesvara Dham and its endowments.
40. Committee to be in possession of the Siddhesvara Dham and its properties
(1) The Committee shall be entitled to take and be in possession oi all movable and immovable properties including funds, jewelieries, records, documents and other assets belonging io Siddhesvara Dham. (2) lf in obtaining such possession, the Committee or any person authorized in this behalf by the Committee is resisted or obstructed by any one, it may make a requisition in the prescrjbed lorm to any lMagistrate of the first class within whose jurisdiction any such property is situated to deliver possession to the Committee. On receipt of the requisition the Magistrate shall hold a summary enquiry to satisfy in the case of resistance that the resistance or obstructron ur'as w, iri,L)l any 1,5t Causa, sha,,Lo,,tp! y!rth lne sd,d I t..ltJn alo.1 e/er( SrnJ t'rL. OOvlFrs L-OAi rlL c.t 01 rre,tVlgt"t-rle \d,, , r J.U- t u) tnF .L,o. ,TdOe Lrnoer lnts Act.
41. Public officers to furnish copies of or extracts from certain documents
Ar oL,blc otrcers l-dv lq cJsrooy o, an eco,o reqslar repo.t or olher docL.nents rel. J tl e S ddhesvara Dham o. any movable or i,rr -iaote property thereof shal lurnish such copies of or exlracls i,o.n rhe sare ds rray be,eq- rec ry ti^e Aomtnislrator.
42. Acts of Committee and Administrator not to be invalidated
(1) No act or proceeding of the Cornmiltee or any person acting as a member of the Conrmitte; shal,,oe dee-necj to be ivalid bi, ,eason - / ot a oefect '1 il-e establishmenr o- constitJljo .r the Uorlmrttee or on lhe groJ,to lhar any rn?moe. of. _re.Uo.1.n[lee was 1or entireo to oO ou conr ^re ,t s_L" .'{tue b} ,Faso- of ar} diSOL._lificalior Or b,/ reaso,. of a1y :fteg.lrjrrry o Illega rly ir l^,s aopoinlment or by reasor , 5Ll(h acl Favrrg been dole or pto"eedtrg tah. krrrlg lne penoJ o'a1y vacancy,1 tre olrce ol . ,rrber o lne uorrm ftee. (2) No act or oro( eeoing o- rle Adrntntstralor sr.d j be oee'ned lo be 1va.o oy reason ot onty ot a delect or rflegJlalt) his appo -t.ner t or or rhc ! o,lr d ll .ll *. was -o1 ell,lted lo "o,o or Lo. t',Ue trl oifice by reason of any disqualification..
43. Administrator etc. to be public servants
The adrninistraior and every person duly authorzeo by hirr o, by rre Conrlhee'sfati. wl_ e acl'lg -1oer ary o, ltse prov.s.o^(. ol th,s Act, be deeF ed to be p-ol;c se.vant \(tthin the mea|ing of section 21 oi the lndian penal Code.
44. Powers to remove difficulties
If any djfficulty arjses in giving effect to the provisions of this Act, the State :?y:ll..lt may,. as occasion rnay ,equ,re, by order to co anyrning ,ror rncons,sleni with this Act or tbe rules nade ihereunder wht:n appea-.s to them necessary for the purpose ot removing the ditficulty.
PDF: pending for this language.